What is H1B Visa?
H1B Visa is the non-immigrant visa for temporary workers seeking employment in the United States. The US immigrant department is responsible for providing the approval to H1 visa petition submitted by the concerned employer. The employer must offer the job in the United States owing to the skills, experience and qualifications attained by the concerned worker. It is necessary to be updated with the H1B news for making the proceedings easier when offered employment from the US.
Almost every single year, H1B Visa news use to get updated with modifications concerning the benefits, eligibility, and application processes. The visa acts as a work permit for working in the United States and obtain a visa stamp by the job offering employer.
Every single year, several thousands of foreign workers are appointed by the American companies for carrying out their needs. This happens mostly due to the unsatisfactory situation faced by employers in hiring American workers. To carry ahead the organizational proceedings, it will be required to look after the efficient man powers from other countries.
For example: An American software company may require a specialist technical writer for writing several articles, blogs, software reviews, newsletters, etc to name a few. In case, the company will start looking to hire someone from other countries and finally make them employed there. In such a case, the newly hired employees will require the H1B visa for entering inside the United States and start working for that particular company.
Prior to applying for an H1B Visa, the candidate gets sponsored by their US employer. Rather than the applicant, the employer is responsible for entire visa based proceedings on his behalf. The employer takes care to submit entire essential documents to let the candidate enter the United States without any troubles. After finalizing the proceedings, the applicant is free to work with the concerned company.
H1B Visa Requirements/ Eligibility:
The H1B visa applicants must meet the given set of requirements to be eligible for the same:-
- Applicant must hold a bachelor’s or masters degree or other equivalent qualifications holding equivalent value from the foreign institutions.
- Degree submitted must be typically equivalent for the applied job in the US.
- At least 12 years of specialized work experience or the mix of further education and work experience.
- The applicant must hold in-depth knowledge in the required domain for proven excellence.
- The employer must submit and the essential documentation and demonstrate the lack of US applicants for the vacant position.
Overall, the general H1B visa rule includes the following criteria:-
- For every one year of studies at the college/ university holds 3 points in total.
- For every one year of experience holds 1 point.
To sum up, 12 points in total are required to be eligible for H1B visa application processes. The specialized fields for H1B visa include journalism, medicine, engineering, research, law, health, business, etc. to name a few.
- The limit is set up by the United States Citizenship and Immigration Services on the issuance of visa every single year.
- The numbers keep on changing as per the provided protocols of the United States government. At present, the cap is placed at 65000.
- Additional 20000 H1B visas are issued for qualified people who have successfully completed their Masters degree from the United States. This quota is considered an addition to general 65000 quotas.
- Each calendar year, the deadline is set under which the employers are expected to have filed for their individual H1B visa petitions for the upcoming financial year. The date petitions severely get rejected after this.
- An unusual rush is obvious due to the limited issuance of H1B visas.
- The concerned body USCIS use to receive the applications until and unless the specified number is not met.
USCIS Declared Fees for Filing H1B Petition:
The fee for filing H1B petition is made by the concerned employer which is determined to be in the range from $1570 to $2320. Specific categorization can be done on the basis of fee components, employers holding full-time equivalent employees in the range of 1 to 25 and the employers having 26 or more full-time equivalent employees for carrying out the purpose. Lawyer’s fees can be considered additional after the above-mentioned requirements.
The H1B Visa fees can never be considered cheaper but the candidates feel relaxed because most of the times, the concerned amount is paid by the employer themselves.
H1B processing fees typically include the following:-
- $300 is required as the base filing fees.
- $750 is the basic ACWIA fees for the employers holding 1 to 25 full-time employees.
- $1500 ACWIA fees for all those employers having more than 26 full-time employees.
- $500 is required as the fraud prevention, investigation and detection fees.
- $1225 is needed as the optional premium processing fees.
The candidate is only responsible for paying the last fee i.e. the premium processing fees. All the other requirements are handled by the employer themselves on behalf of the candidates.
Benefits associated with the H1B visa holders:
Staying limit with H1B visa: The total staying period is limited to 6 years only. Initial approval is given up to 3 years which can later be extended for a period of 3 more years maximum.
Re-stamping procedure with H1B: Re-stamping procedure can be done in any other country at any of the American consulates. Home country is not permitted for the same provided that the concerned candidate has successfully received the H1B extension approval.
Allowance to work with multiple US employers: The candidate holding H1B visa is allowed to work with more than one US employers provided he must holding Form I-129 petition approved by each employer of the United States.
Conditions applicable with traveling: H1B visa can even be multiple entry visa permitting the candidate to travel in and out of the United States as per the desire without any specified number of visits.
Work ethics: The candidates are allowed to work for the petitioning US employer only. It’s another matter that the employer can place that particular candidate with another employer working at a different site. It is upon the sole discretion of the previous employer for whom the candidate is working. Working for the employer who has never responded to the candidate’s H1B visa is obviously considered illegal.
Issues concerning vacation: The candidate holding the H1B visa and working for any legally permitted employer is free to go on vacations, maternity/ paternity leave or even proceed towards the strike. As long as the candidate is associated with the employer, such happenings are never treated as an issue.
Family status: The unmarried children under 21 years of age along with the spouse are permitted to stay in the United States as per the provided provisions with H1B visa. There exists a provision for the dependent category known as the H4 visa for the same time period as the H1B visa according to the authentic H1B news communicated recently.
Permanent residence provision: Permanent residency or green card is permitted to all the H1B visa holders in the USA. The change of status is applied via the Form I-485 conveniently.
Portability benefits: The employees get the facility to port their status from one employer to another employer in the United States during the staying period.
Applying procedure applicable for anyone: H1B visa applying procedure is applicable for any of the citizens all across the world without any hassles.
Disadvantages of H1B visa for the applying candidates:
Even the procedure to apply for H1B visa cannot be considered without any downsides.
Few of the drawbacks concerning H1B visa is hereby listed with the following points:-
- Lottery: There is a limitation to the number of petitions approved every single year. The H1B visa receives almost three times the amount of petitions than the allotted one. As per the USCIS provisions, if the candidate fails to get selected, he/ she will have to wait for a complete year to petition again for the allotment of H1B visa.
- Extension based drawbacks: Maximum period of extension can be considered only up to 6 years. Initially, the provision for allotment is available for three years which can later be extended to three more years. Such limitation can obviously be a disappointing factor for the individuals seeking permanent employment in the United States.
- Date inflexibilities: There is strict dates deadline concerning the lottery processes. The petitions can never be filed until April 1st. Somehow if the petition gets approved by the concerned authorities, the candidates can never begin the working until 1st October of the same year. Next side, another similar visa provides additional flexibilities and timelines as compared to H1B visa.
- Drawbacks concerning the job offer: It becomes difficult for the candidates to find a suitable sponsoring employer. In contrast to it, the E2 and O1 visa never requires a job offer making the beneficiaries eligible enough to petition on their own behalf.
- Fees: It is another issue that all the concerning fees are paid by the candidate’s own employers yet they are quite steep enabling the employers to act negatively in sponsoring the candidates. Finally, the employers use to raise up their hands after paying an amount of $7000 as fees for the candidate’s H1B visa. In contrast, TN visa can cost as low as $500.
- Receiving up a loan: The candidates face extreme difficulty in receiving the loans because of having no credit or limited credit history. In such circumstances, they fall below the minimum deadline of accepting the loans from the issuing financial institutions in the United States.
Dual intent visa: H1B visa is considered to be a dual intent visa and applicable for the candidates pursuing legal permanent residency in the country. It can definitely be considered as one of the biggest advantages over other visas including TN and J-1 classifications.
Change of employer H1B visa can easily be transferred to a new employer after achieving the receipt of H1 transfer case.
Investment or financial procedures: There exist several independencies for the H1B visa holders to utilize their rights concerning renting and buying the properties in the USA:
H1B visa holders are provided with a facility to buy or sell real estate properties in the USA.
They are eligible to purchase the lottery tickets.
They are given the rights to invest in the share markets as well.
Change of the circumstances for H1B visa holders:
There never rises any issue concerning interruptions against the H1B visa holders until and unless the things are going on smoothly. However, it is subject to some personal circumstances which can change anytime as per the situation. The merger or sale of any of the employer’s business will never affect the status of the employment providers in the United States as per the latest H1B news.
It may be considered a violation if the employee gets noticed involved in the works other than the provided terms and conditions. For example: If the visa holder works in a position other than the petitioned application, it will definitely be considered as the violation of the rules and will be a cognizable offense as well.
With reference to the above set of facts, it is obvious that the issuance of H1B visa is definitely an organized set of procedures concerning several steps. There are good as well as the negative aspects of the visa in comparison to the competitors.
USCIS uses to organize the lottery process for selecting the candidates randomly to work and reside in the United States for a limited time period. Soon after exceeding the annual visa cop, the USCIS randomly picks up the required number of allotted petitions for the same. In case of not being selected USCIS returns the petitions along with the filing fees which is obviously disappointing.
The candidate is provided with a facility to apply for the same in the upcoming year and avail the exceptional benefits of working and residing in the United States.